Sample Flower Garden Contract

Booking Number: <<BookNo>> Event Date: <<EndDate>> Client Information: <<CusName>> Listed below are the general policies and regulations governing use of the Flower Garden at the State Botanical Garden of Georgia, a unit of Public Service and Outreach at the University of Georgia. Violations may result in forfeiture of the security deposit and other penalties. The rental client is responsible for providing the following information to any person or company they sub-contract with as part of their event including caterers, florists, photographers, musicians, rental equipment companies, security personnel, event planners, and others. Please call the State Botanical Garden Rental Office if you have any questions. This contract may not be assigned, transferred, or sublet in whole or in part. The Garden reserves the right to refuse rentals for events deemed inappropriate to the building or the Garden in general. The Garden cannot guarantee the appearance of the grounds.

CONTACT INFORMATION It is the responsibility of the renter to maintain updated contact information, including but not limited to changes of legal name, mailing address, telephone number, and email address. Please note that the provided email address may be used in future contact by the State Botanical Garden of Georgia pertaining to rentals and other Garden relations. I understand that I am responsible for providing updated contact information. __________ (please initial) REHEARSALS Wedding rehearsal date and times are listed on your confirmation sheet. Access to the grounds will not be allowed before your reservation time. Please be aware that we hold all rehearsals on Thursday and Friday during regular business hours. I understand that I will have access to the Flower Garden for my rehearsal at 2:30PM and I must vacate the Flower Garden by 4:00PM. __________ (please initial) CONTRACT/FEES A DEPOSIT OF $500 AND A SIGNED CONTRACT WITH CONFIRMATION SHEET (attached) ARE REQUIRED NO LATER THAN <<ContractReqdBy>>. Reservations cancelled at least 90 days before the event date will be charged a $250.00 cancellation fee. If the reservation is cancelled less than 90 days prior to the event, the deposit will be forfeited.

Deposits will be held until after the event and will be refunded if the building is left clean and undamaged. (Please allow three to four weeks for refund). Renters will be assessed for clean up and damages exceeding $500.00. The total rental fee, in addition to the deposit, is due 60 days prior to the event: ________ SET-UP/DECORATIONS The State Botanical Garden of Georgia does not allow set-up or teardown of any kind in the Flower Garden by the renter, caterer, entertainment, or others. This includes tables, chairs, balloons, streamers, or any other type of decoration. White wooden chairs must be provided by the renter for the State Botanical Garden to set-up and teardown, to ensure no

damage is done to the grounds. No food or drinks are allowed in the Flower Garden. There is no audio/visual equipment available in the Flower Garden. Contact the Rental Office for information about lighting or other special equipment. The Garden does not furnish office equipment, FAX, message or copying services. Butterflies, birds, and other living organisms may not be released in the Flower Garden. Materials may not be taped, pinned, nailed or tacked to walls. Please do not staple, tape, tack, nail, glue or otherwise affix any form of signage to the Garden signposts, buildings, handrails, trees, pots or containers. Miniature lights may not be attached to any plant material, railings, building, or fixtures. If this type of lighting is used, it must be attached to freestanding decorations (such as columns, trellis, or stakes) that are brought in by the renter. Fresh or dried flower petals, birdseed, rice, glitter, confetti, or similar materials may not be thrown or scattered anywhere on the grounds. Helium filled balloons, artificial smoke, fog and bubble machines are prohibited. Fireworks of any kind (including sparklers) may NOT be used on Garden property. Open flames of any kind are strictly prohibited outdoors. Toilet tissue, cans, balloons, streamers, Silly String, and other similar items may not be used to decorate vehicles due to litter left on grounds. Helicopters and hot air balloons may not land or take off on Garden property. Horse-drawn carriages may be used but must be pre-approved by the rental office. Violators will be prosecuted and held accountable for property damage. SET-UP MAY NOT BEGIN PRIOR TO YOUR RESERVATION TIME. Access to the Flower Garden cannot be obtained until the time confirmed in your contract. Deliveries by caterers, florists, photographers, musicians, rental companies, and others will not be accepted prior to the contracted time. I understand that set-up may not begin before <<BookedFrom>> and that the Flower Garden must be cleaned and vacated by <<BookedTo>>. _________ (please initial) STORAGE/DRESSING ROOMS/PARKING No overnight storage is permitted. All rental equipment should be picked up immediately following the event. The State Botanical Garden is not responsible for food, beverages, audio/visual equipment or other property left on the premises. No dressing room are available in the Flower Garden. Staff offices may not be used for storage or as dressing rooms. Parking lots are available and shared between the general public and rental clients. No specific parking is reserved for rental events. Limited handicapped parking is also available at each rental facility. No overnight parking is permitted.

ENTERTAINMENT Musical entertainment is allowed in the Flower Garden. A mini sound system can be rented through the Rental Office at an additional cost. Renters are reminded that residential neighborhoods are located nearby the Garden, thus sound volume should be moderated.

PUBLIC/RENTER SAFETY The renter must conduct the event with full regard to public health and safety and shall observe and abide by all applicable laws, regulations and requests by duly authorized persons responsible for public health and safety. All sidewalks, doors, aisles, and other passages, and all ways of access to public utilities of the premises, including fire extinguishers, must be kept unobstructed. Operational outdoor fountains are not guaranteed in the facility rental contract and may be shut off and/or drained without notice due to state and county mandates related to drought or watering restricting. Possession of weapons on the University of Georgia campus is governed by Georgia law O.C.G.A. 16-11-127.1.

SECURITY/OBJECTIONABLE PERSONS The State Botanical Garden requires security personnel be present at all weekend and evening events. The cost for security is included in the rental fee. All security must be contracted through the Rental Office. Additional security fees may apply for the Flower Garden rentals that occur during public hours. For more information, please contact the Facilities Manager or Director of Facility and Visitor Services. The State Botanical Garden of Georgia, the University of Georgia, and The Garden Club of Georgia will not accept liability for theft or damage to rentersâ&#x20AC;&#x2122;/guestsâ&#x20AC;&#x2122; personal property. Garden staff retains the authority to eject or cause to be ejected from its premises any person or persons it deems

necessary for lewd or indecent actions, fighting, intoxication, loud or abusive language, or other conduct that is offensive, disruptive or otherwise objectionable.

INDEMNIFICATION The renter indemnifies and holds harmless the Board of Regents of the University System of Georgia, the University of Georgia, and the State of Georgia and all of their respective officers, members, employees and directors (hereinafter collectively referred to as the "Indemnitees") from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys' fees, due to liability to a third party or parties, for any loss due to bodily injury (including death), personal injury, and property damage arising out of or resulting from this Agreement or any act or omission on the part of the renter, its invitees, agents, employees or others working or enjoying the Licensed Premises on behalf of the renter, or due to any breach of this Agreement by the renter, or due to the application or violation of any pertinent Federal, State or local law, rule or regulation. This indemnification extends to the successors and assigns of the renter. This indemnification obligation survives the termination of the contract and the dissolution or, to the extent allowed by law, the bankruptcy of the renter. If and to the extent such damage or loss (including costs and expenses) as covered by this indemnification is paid by the State Tort Claims Trust Fund, the State Authority Liability Trust Fund, the State Employee Broad Form Liability Fund, the State Insurance and Hazard Reserve Fund, and other self-insured funds (all such funds hereinafter collectively referred to as the “Funds”) established and maintained by the State of Georgia Department of Administrative Services Risk Management Division, the renter shall reimburse the Funds for such monies paid out by the Funds.

INSURANCE See Exhibit B for determination of the necessary level of insurance required for this event. The State Botanical Garden of Georgia will complete the Insurance Assessment prior to the event.

PROGRAMS SERVING MINORS The renter shall, if use of the Licensed Premises provides for the care, custody, or control of minors, take precautions to assure the safety and well-being of minors, and to release the Indemnitees from any liability in conjunction with the use of the Licensed Premises. The renter by its signature herein acknowledges receipt of a copy of and compliance with such policy, as set forth on Exhibit C. TOBACCO FREE CAMPUS The University of Georgia is a tobacco free campus. Tobacco use is prohibited in all areas, including outdoor areas.

More information is available at http://uga.edu/tobacco-free/.

NON-DISCRIMINATION The renter agrees, in accordance with applicable law and University of Georgia policy, that there shall be no discrimination on the basis of race, national origin, religion, creed, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, age, genetic information, disability or veteran’s status as to any aspect of the activities contemplated herein.

SPECIAL NEEDS/EMERGENCIES During daytime rental events, a Garden staff member is typically available to answer the Rental Office phone. For special needs, contact the Rental Office. In an emergency, contact the staff member on duty, University Police (542-2200) or dial 911.

OCCUPANCY INTERRUPTION If the rented space is destroyed, damaged, or rendered unusable or unsafe for occupancy before or during the rental event, this agreement shall terminate at the discretion of the State Botanical Garden staff. The State Botanical Garden reserves the right to cancel an event in which inclement weather poses a risk or safety hazard to guests. The renter agrees to pay a pro-rated fee for the time prior to termination and waives any claim for damages or other compensation.

I have carefully read and understand all of the rules and regulations.

Signature____________________________________________

(<<CusName>>)

Accepted and Agreed to by the Board of Regents of the University System of Georgia, by and on behalf of the State Botanical Garden of Georgia, a unit of the University of Georgia.

Signature____________________________________________

EXHIBIT A ALCOHOL BEVERAGE POLICY The following guidelines have been adopted to govern events where alcoholic beverages are served or provided on University of Georgia property. These guidelines apply to all events at The State Botanical Garden of Georgia regardless of whether the event is sponsored by a University unit, external entity, or private individual. Strict observance to these guidelines is required.

1.

Check Identification. Alcoholic beverages must not be provided or served to persons below the legal drinking age. Therefore, the sponsoring University unit or University official, agent, or employee must check for proper identification before serving any alcoholic beverage and must reject any questionable forms of identification.

2.

Refuse to Serve Intoxicated Guests. If a participant or guest appears intoxicated, the sponsoring University unit or University official, agent, or employee must not serve any additional alcohol to that person. Furthermore, a reasonable effort should be made to arrange a safe trip home.

3.

Provide Non-Alcoholic Beverages. The sponsoring University unit or University official, agents, or employee should provide plenty of non-alcoholic beverages so as to avoid the problem of â&#x20AC;&#x153;forcingâ&#x20AC;? guests to drink alcoholic beverages because there is nothing else to drink. There needs to be parity between the quantity and variety of nonalcoholic beverages.

4.

Serve Food. When alcohol is served or provided at a lunch, dinner, or reception, there needs to be plenty of food available.

5.

Do Not Permit Self-Service of Alcoholic Beverages. The sponsoring University unit or University official, agent, or employee should use staff members or hired bartenders to serve alcoholic beverages in order to limit the size and number of drinks being served and to spot those who may be intoxicated. Where the function involves a sit-down meal at which alcohol is served, waiters and waitresses should be instructed to ask before automatically refilling wine or liquor glasses.

6.

Restrict Alcoholic Beverages to a Controlled Area. The sponsoring University unit or University official, agent, or employee must take adequate steps to ensure that alcoholic beverages are not allowed outside the predetermined boundaries for the event. All alcoholic beverages should be consumed or disposed of by all guests or participants before they leave the premises.

7.

Limit or Eliminate References to Alcoholic Beverages in Advertisements. Advertisements or invitations to University events where alcoholic beverages are being served should emphasize the nature of the event, and not the alcoholic beverages. Keep references to the type and quantity of alcoholic beverages to be served out of promotional materials.

8.

Addendum to the UGA policy for the Day Chapel at The State Botanical Garden of Georgia: Only champagne, champagne punch, white wine, and non-alcoholic beverages may be served or consumed in the reception hall and on the garden terrace. No beer bottles, cans, kegs or open-bars are permitted. Absolutely no food or drink is permitted on the sanctuary level. All other University guidelines and restrictions apply.

9.

Addendum to the UGA policy for the Callaway Building: No red wine or grape juice may be served in this facility. No food or drink is permitted in the auditorium. All other University guidelines and restrictions apply.

10.

Addendum to the UGA policy for The Garden Club of Georgia, Inc: No red wine or grape juice can be served in this facility. Kegs are NOT permitted. Absolutely no food or beverages on the front entrance level. All other University guidelines and restrictions apply.

EXHIBIT B INSURANCE ASSESSMENT* 1.

Will the rental event include the serving of alcohol?

If yes, proceed to question #2.

If no, Option 3: No Insurance Required.

2.

Will the renter be using a third party caterer responsible for the serving the alcohol?

If yes, proceed to question #3.

If no, Option 2: Event Liability Policy is required.

3.

Is the third party caterer currently approved by the State Botanical Garden of Georgia?

If yes, Option 3: No Insurance Required.

If no, caterer needs to complete the SBG caterer approval process.

YES

NO

YES

NO

YES

NO

*To be completed by the State Botanical Garden of Georgia Rental Office.

INSURANCE PROVISIONS The unit shall conduct a risk based assessment of whether insurance is necessary and appropriate. If insurance is necessary and appropriate, the unit shall determine the type of policy (CGL/umbrella or event liability) as well as the limits for the policy.

Option 1 – CGL Policy Permit Holder shall, at its own cost and expense, obtain and maintain Commercial General Liability Insurance (2013 ISO Occurrence Form or equivalent) not inconsistent with the policies and requirements of O.C.G.A. § 50-21-37, which shall include, but not be limited to, coverage for personal and advertising and contractual liability. The Commercial General Liability Insurance shall provide the following limits:

1.

2.

3.

4.

Coverage Personal Injury and Advertising Contractual Fire Legal General Aggregate

Limit $1,000,000 per Occurrence $1,000,000 per Occurrence $1,000,000 per Occurrence $2,000,000

Permit Holder shall also provide a Commercial Umbrella Liability Insurance Policy to provide excess coverage above the Commercial General Liability (CGL) coverage with minimum limits of $2,000,000 per occurrence.

The policies shall cover the period of Permit Holder’s occupancy and use of the Licensed Premises, such insurance to be obtained from a responsible insurance company legally licensed and authorized to transact business in the State of Georgia, and name the officers, agents and employees of the University of Georgia and the Board of Regents of the University System of Georgia as additional insureds, but only with respect to claims that are not covered by the Georgia Tort Claims Act (O.C.G.A. Section 50-21-20 et seq.).

Permit Holder shall furnish Owner with a copy of the policy and evidence of full payment of the premium thereon at least forty-eight (48) hours prior to occupancy and use of the Licensed Premises, and said policy shall have a clause showing that the insurance is in force and non-cancelable prior to the occupancy and use of the premises by the Permit Holder in the absence of ten (10) days prior written notice by the Insurer to the State Botanical Garden prior to the occupancy and use of the Licensed Premises by Permit Holder pursuant to this agreement. Permit Holder’s failure to obtain and furnish evidence of the required insurance shall constitute default.

Option 2 – Event Liability Policy Permit Holder shall, at its own cost and expense, obtain and maintain a special event liability policy with a combined single limit of no less than $1,000,000. If Permit Holder will serve or allow alcohol at the Event, the policy shall include liquor liability.

The policies shall cover the period of Permit Holder’s occupancy and use of the Licensed Premises, such insurance to be obtained from a responsible insurance company legally licensed and authorized to transact business in the State of Georgia, and name the officers, agents and employees of the University of Georgia and the Board of Regents of the University System of Georgia as additional insureds, but only with respect to claims that are not covered by the Georgia Tort Claims Act (O.C.G.A. Section 50-21-20 et seq.).

Permit Holder shall furnish the State Botanical Garden with a copy of the policy and evidence of full payment of the premium thereon at least forty-eight (48) hours prior to occupancy and use of the Licensed Premises. Permit Holder’s failure to obtain and furnish evidence of the required insurance shall constitute default.

Option 3 – Insurance Not Required Permit Holder is not required to obtain insurance.

EXHIBIT C PROGRAMS SERVING MINORS 1.

Institutional Policy. If Permit Holder operates a program or activity that provides for the care, custody, or control of minors, Permit Holder shall be governed by and comply with all requirements of the Institutionâ&#x20AC;&#x2122;s Policy for Programs and Activities Serving Minors. Such requirements include but are not necessarily limited to those listed below.

2.

Duty of Care. Permit Holder shall operate such program/activity in a reasonably safe manner.

3.

Forms. Permit Holder shall use all appropriate forms related the operation of the program/activity, which may include but are not necessarily limited to the following forms: parental consent, participant conduct agreement, medical information and release, medical treatment authorization, medical authorization to administer medication, media release, pickup authorization, and others.

4.

Code of Conduct. Permit Holder shall require program/activity staff, including volunteers, to abide by a staff code of conduct.

5.

Criminal Background Checks. Permit Holder shall properly screen and conduct criminal history background checks, including screening via the National Sex Offender Registry, on all employees, volunteers, counselors, chaperones and others who are reasonably anticipated to have direct contact or interaction minor participants. Permit Holder shall certify that that the background checks will, at a minimum, satisfy the requirements of the Institutionâ&#x20AC;&#x2122;s Human Resources Administrative Practice Manual (HRAP). Permit Holder shall notify and require all individuals who have undergone a background check to self-report any arrest, charge, or criminal conviction occurring after the date of the background check to the Permit Holder prior to returning to a Program/Activity. Personnel in charge of screening volunteers should be aware of the inherent limitations of background checks and should seek to utilize other screening methods, when possible, in addition to background checks to include in-person interviews and reference checks. Permit Holder shall, prior to the beginning of the Time of Use, provide to the Institution a certification that it has performed background checks in a manner consistent with the requirements above.

7.

Supervision. Every minor participant must be properly supervised at all times while participating in the program/activity. Permit Holder certifies that there will be appropriate supervision and that there will be an appropriate participant-to-supervisor ratio, which may vary depending on the age of the participants, the nature of the activity, and whether the program has an overnight component. Please refer to the American Camp Association guidelines for supervision ratios (www.acacamps.org).

8.

Training. Permit Holder shall provide training to all program/activity staff and volunteers assisting with the program/activity that addresses mandatory reporting requirements, appropriate contact with minors, safety and security procedures, and response protocols for injury / illness, staff misconduct, and participant misconduct.

9.

Safety and Security. Permit Holder agrees to ensure the safety and protection of program participants and to establish protocols for reporting injuries, staff misconduct, participant misconduct, and procedures for secure pickup and drop-off of program participants. Permit Holder agrees to establish security measures (e.g., where to meet and where to go if lost, responses and protocols for weather alerts, accidents, missing persons, etc.), and to communicate those measures to program participants and parents/guardians.

10.

Reporting Obligations. Criminal activity should be reported immediately to the University of Georgia Police Department (UGAPD): 911(emergency) or 706-542-2200. Campus law enforcement professionals can assess the situation and determine what other notifications or actions, if any, is necessary.

11.

Known or Suspected Abuse or Neglect of Minors. If Permit Holder and/or any of its employees, volunteers, or other agents or any other authorized adult present at the program/activity know, suspect, or receive information providing reasonable cause to believe that a minor has been abused or neglected, or if Permit Holder or such other individuals have other concerns regarding a minor’s safety, Permit Holder or such other individual must report the situation immediately to the UGAPD and to the Georgia Department of Human Services (and/or the Division of Children and Family Services) by calling 911(emergency) or 706-542-2200, and 1-855-GACHILD (422-4453), as required by Georgia law. Permit Holder hereby acknowledges its understanding of this reporting requirement for known or suspected abuse or neglect of minors.

12.

Registration. Permit Holder shall register its program/activity with the Minors on Campus Inventory.

13.

Responsibility. Permit Holder is responsible for reviewing and understanding all of the requirements of the Institution’s Policy for Programs and Activities Serving Minors. Failure to abide by Institution’s Policy may result in revocation of the Permit and/or a potential barring from future use of Institution’s facilities as determined by Institution in its sole discretion.

CLEAN UP AND DAMAGES Administration

Gardenside

Other

Please check one: The renter is responsible for clean-up and the cost of any damages that may occur during use of the facilities. The renter must be present during the function and make sure that the premises are left clean and undamaged after use. After the event, the renter/persons handling clean up must sign and return the clean-up/damage report to the event staff on duty to insure a full security deposit refund.

Failure to comply with these requirements will result in forfeiture of security deposit.

CHECKLIST: List is not exclusive.

Yes

No

___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___

___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___

Return State Botanical Garden tables and chairs to the carts in the storage area.

Remove any decorations and/or rental equipment.

Clean counter/table tops.

Clean sinks, oven, warmer, dishwasher, and any other equipment used during the event.

Remove trash from any outdoor area used by the event.

Empty trash receptacles and replace trash bags.

Take trash to dumpster.

Mop floors used.

Vacuum carpets and/or rugs.

Make certain dishwasher racks remain in machine after clean up.

Remove any signs and/or balloons from the premises.

Event Staffâ&#x20AC;&#x2122;s Signature:

Date:

Rental Clientâ&#x20AC;&#x2122;s Signature:

Date:

ADDITIONAL COMMENTS: